A/HRC/12/48
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(b)
Events in the city centre after the warning to go there was issued
518. On 3 January 2009 the attack on al-Maqadmah mosque took place in a built-up area in
central Jabaliyah. Three days after the 3 January warning was given to move to central locations
and attend United Nations centres there was the Israeli mortar attack immediately outside a large
United Nations shelter killing at least 35 people in Jabaliyah at al-Fakhura Street.358
519. Following the attack in al-Fakhura Street, the Director of Operations in Gaza of UNRWA,
John Ging, stated in a press conference on 7 January 2009: “There is nowhere safe in Gaza.
Everyone here is terrorized and traumatized.”359
520. On 15 January the UNRWA compound in Tal el-Hawa (Gaza City) was seriously
damaged when it was struck by white phosphorous. Between 600 and 700 civilians were
sheltering there at the time and were put in grave danger. The same day the nearby al-Quds
hospital was struck directly by a number of missiles, including white phosphorous shells, again
putting staff and patients in great danger (see sect. C below).
521. The day after the UNRWA compound was hit, John Ging repeated that what had
happened there had happened throughout Gaza. He said that the United Nations and the civilian
population were “all in the same boat” and that nobody could be said to be safe in Gaza.360
(c)
The inference that those who did not go to the city centres must be combatants
522. The warning to go to city centres came at the start of the ground invasion. In the Mission’s
view it was unreasonable to assume, in the circumstances, that civilians would indeed leave their
homes. As a consequence, the conclusion that allegedly formed part of the logic of soldiers on
the ground that those who had stayed put had to be combatants was wholly unwarranted.361
There are many reasons why people may not have responded. In several cases the Mission heard
from witnesses about people who were physically disabled, too frail or deaf so that it was
difficult or impossible to respond to the warning. In other cases, as outlined above, civilians who
358
The Mission concludes elsewhere that this attack was indiscriminate in nature (see chap. X).
359
The Daily Mail, “Gaza's darkest day: 40 die as Israel bombs 'safe haven' UN school”, 7 January 2009.
Press conference on humanitarian situation in Gaza (16 January 2009), available at http://www.un.org/
News/briefings/docs/2009/090116_Gaza.doc.htm. See also “No safe place”, p. 74.
360
See, for example, statements made by soldiers in a seminar in Tel Aviv: “At first we were told to break into a
house… Go upstairs and shoot every person we see… The upper echelons said this was allowed because anyone
remaining in this area, inside Gaza City, is incriminated, a terrorist, who did not escape.”
361
Transcript of seminar from Channel 10 News on file with Mission. See also Breaking the Silence, Soldiers’
Testimonies from Operation Cast Lead, Gaza 2009, available at: http://www.breakingthesilence.org.il/oferet
/ENGLISH_oferet.pdf. Throughout the report soldiers indicate that the rules of engagement employed meant that no
consideration was given to the idea that there may be “innocents” and that in the case of any doubt whatsoever
soldiers were to shoot. (“That too was mentioned, that if we see something suspect and shoot, better to hit an
innocent that hesitate to target an enemy”, p. 50; “if anything arouses our suspicion, we mustn’t hesitate because the
enemy hides among civilians”, p. 51.) Note also the discussion on “wet entry” and “dry entry” (pp. 14-15. This
discussion indicates that, in approaching a house, missiles, tank fire, grenades and machine gun fire would be used.
This method of approach is borne out in the case of the Juha family. Family members were fired upon when
congregating in a room downstairs in their house in Zeytoun. See chap. XI.
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